thai engineering act_be2540

of the Engineers Act. Fri. 2552 English version

ENGINEER ACT, BE2542

BHUMIPOL ADULYADEJ, REX.

Given on the 19thday of November BE 2542

Beingthe 54thyear of the Present Reign.

By Royal Command of His Majesty King Bhumipol Adulyadej, it is hereby proclaimed that.

Whereas it is proper to improve the lawon the engineering profession,.

Whereas this Act contains provisions relevant to the restriction of the rights and liberty of individuals,.

such restriction are permitted by Section 25, Section 39and Section 50, of the Constitution of the Kingdom of.

Thailand,

His Majesty theKing, byandwiththe advice and consent of the National Assembly, is graciously pleased.

to enact an Act as fellows:.

Section 1. This Act shall be called the "Engineer Act, BE 2542".

Section 2. This Act shall come into force on and from the day following itspublication in the Government.

Gazette.

Section 3. ThefollowingActs are hereby repealed:.

(1) The Act on the Egineering Profession, BE 2505.

(2) The Act on the Egineering Profession (Number 2), BE 2512.

(3) The Act on the Egineering Profession (Number 3), BE 2520.

Section 4. In this Act:

"Engineering Profession" means the engineering profession in the fields of civil engineering, mining.

engineering, mechanical engineering, electrical engineering, industrial engineering and other fields of engineering.

provided in ministerial regulations;

"Controlled Engineering Professions" means the engineering professions provided in ministerial.

regulations;

"License" means the license for practicing controlled engineering professions underthisAct;

"Controlled Engineering Professions Practitioners" means persons who have been licensed for practising.

controlled engineering professions by the Council of Engineers;

"Members" means members of the Council of Engineers;

"Council Board Members" meansthe members of the Board of the Council of Engineers;

"Board" meansthe Board of the Council of Engineers;

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"Secretary-General" means the secretary-general of the Council of Engineers;

"Competent officials" means persons who areappointed by the Ministerto perform their duty under this.

Act;

"Minister" means the Minister in charge ofthe execution of this Act.

Section 5. The MinisterofInterior shall bein charge of the execution of this Act and be empowered to appoint.

Officers, to issue ministerial regulations prescribing the fee rates not in excess of those annexed hereto, and to.

issue additional ministerial regulations for the execution of this Act.

The ministerial regulations shall come into force uponits publication in the Government Gazette.



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CHAPTER I

COUNCIL OFENGINEERS

Section 6. The Council of Engineers shall be established with the objectivesand authority as prescribed in this.

Act.

The Council of Engineers shall be a juristicperson.

Section 7. The Council of Engineers shall havethe following objectives:.

(1) to promote the study, research and practice of the engineering profession;

(2) to promote theunity among Members andconciliation of dispute among them;

(3) to promote the welfare and maintain the honor of Members;

(4) to supervisethe conduct and practice of the Controlled Engineering Profession Practitioners in.

compliancewith thestandardand the Code ofEthics of the Engineering Profession;

(5) to render assistance, suggestionsand services to the general public and other organizations.

respecting technical matters concerning science and engineering technology;

(6) to give advice or proposal concerning the policy and problems in engineering and technology.

to the Government;

(7) to act as the representative of the engineering profession practitioners of the Kingdom of.

Thailand;

(8) to perform other duties as specified in the ministerial regulations.

Section 8. The Council of Engineers shall have the power and duty.

(1) to issue license to applicantsfor the Controlled Engineering Profession;

(2) to suspend or revoke the license;

(3) to certify the degree, diploma or certificaterequired for practising the Controlled Engineering.

Profession;

(4) to certify knowledge and experience of a person practicing the Controlled Engineering.

Profession;

(5) to propose to the Minister the addition or the removal of fields in theControlled Engineering.

Professions;

(6) to issue the regulations of the Council of Engineers concerning.

(A) determination of prohibited characteristics under Section 12 (6);

(B) admission of Members, therates of registration fees, membership feesand other fees.

from aMember or a non-Member;



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(C) appointment and election of the Council Board Members underSection 32;

(D) theissuance oflicense, the term, the suspension and the revocation of thesame, and.

the certification of knowledge and experience in the practice of Controlled Engineering.

Professions;

(E) thequalifications, terms andthe termination of office of the inspectors underthe second.

paragraph of Section 20;

(F) the regulations relating to the application for license inany level of engineering.

profession and the qualifications ofsuch applicants underSection 46;

(G) thequalifications and theprohibited characteristicsof the applicants for the license under.

Section 49;

(H) the code of ethics of the engineering profession and violation of the code in such a.

manner that disgraces the engineering profession;

(I) the standard inthe practice of the Controlled Engineering Profession;

(J) themeetings of the general assembly of the Council of Engineers;

(K) any other matters specified inthis Act.

The regulations of the Council of Engineers shall be approved by the Special President and shall come into.

force upon its publication in the Government Gazette.

Section 9. The Council of Engineers shall haveincome from.

(1) registration fees, membership fees and any otherfees stipulated in this Act;

(2) subsidies from the government budget;

(3) other benefits derived from management of property and operation ofthe Council of Engineers;

(4) financial aids and donations to theCouncil of Engineers;

(5) interest derived from money and properties as stated in (1), (2), (3) and (4).

Section 10. The Minister shall be the Special President of the Council of Engineers and shall have the power and.

duty as provided in this Act.

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CHAPTER II

MEMBERS

Section 11. There shall be three categories of Members of the Council of Engineers as follows:.

(1) ordinarymembers;

(2) extraordinary members;

(3) honorarymembers

Section 12. Anordinary member shall meet the qualifications and be free from the prohibited characteristics as.

follows:

(1) not being under eighteen years of age;

(2) being of Thai nationality;

(3) having knowledge in the engineering profession as qualified by adegree, diploma or certificate.

equivalent to a degree in an engineering field certified by the Council ofEngineers;

(4) not having been a violator ofthe Code ofEthicsin such a manner that may disgrace the.

engineering profession asspecified in theregulations ofthe Council of Engineers;

(5) not having been imprisoned by a final judgment of a court of justice toa term of imprisonment.

in violation of the code of ethics in such a manner that disgraces the engineering profession.

specified in the regulations ofthe Council of Engineers;

(6) not being a person ofunsound mind, aseriously handicapped person orbeing afflicted with a.

disease specified in the regulations of the Council of Engineers.

Anextraordinary member must be a person practising ina field of the engineering profession and must meet.

the qualifications and be free from the prohibited characteristicsspecified in the regulations of the Council of.

Engineers.

An honourary member is aqualified person appointed by the general assembly ofthe Council ofEngineers.

Section 13. Ordinary members shall have right and duty.

(1) to express their opinions in the general assembly of the Council of Engineers;

(2) to cast their votes in the general assembly ofthe Council ofEngineers;

(3) to express their opinions and submit in writing to the Board an inquiryinto the workof the.

Council of Engineers; and incase fifty ormore members jointly propose that the Board.

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consider any particular issue concerning the workof the Council of Engineers, theBoard shall.

without delay consider thatmatterand inform the result of the consideration to the proposers;

(4) to elect, be elected or appointed the Council Board Members;

(5) to pay the registration fee and the membership fee specified in the regulations of the Council of.

Engineers;

(6) to maintain the prestige of the engineering profession and conduct themselves in compliance.

with the provisions of this Act.

Excepting those specified in (2) and (4), extraordinarymembers andhonorary members shall beentitled to.

the rights and duties of ordinary members.

Section 14. Membership of the members shall be terminated upon.

(1) death;

(2) resignation;

(3) being removed from membership by the resolution of the Board on the ground of lacking.

qualifications specified in Section 12 for anordinary member or an extraordinary member as.

the case may be;

(4) being revoked from the appointment as anhonourary memberby the general assembly.

resolution of the Council of Engineers;

(5) failure, without acceptable reason, in payment of registration fee or membership fee specified.

in the regulations ofthe Council ofEngineers;

(6) having the license revoked by the resolution of the Council of Engineers under Section 64.

Section 15. Anordinary general assembly ofmembers shall be held once a year.

Any other general assembly shall be called an extraordinary general assembly.

Section 16. The Board may summon a general meeting whenever it is deemed necessary.

A requisition for summoning an extraordinary general assembly may be made by ordinary members.

according to the principle and procedure specified in theregulations of the Council of Engineers; in such case, the

Board shall summon the extraordinary general assembly within thirty days from the date of receipt of the.

requisition.

Section 17. A general assembly of the Council of Engineers with an attendance of less than two hundred ordinary.

members shall be cancelled if summoned by requisition of members. If the general assembly issummoned not by.

the requisition of members, it shall be postponed and the President of the Council of Engineers shall summon.

another general assembly within forty-five days.

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Section 18. The President of the Council of Engineers shall preside over the general assembly of the Council of.

Engineers, or a Vice President of the Council of Engineers shall preside over as provided in Section 34 in case.



Engineers, or a Vice President of the Council of Engineers shall preside over as provided in Section 34 in case.

where the President is not present or incapable to carry on his duties, but if the President and the Vice Presidents.

are not present or incapable to carry on their duties, the members attending the meeting shall elect one of them to.

preside over as President of the assembly.

Section 19. The agenda for the annual general assembly shall include.

(1) an approval of the annualwork plan of the Board;

(2) a consideration and approvalof the annual balance-sheet ofthe Council ofEngineers,.

(3) an appointment of an auditor and fixing theauditor's fees.

Section 20. The General Assembly of the Council of Engineers may appoint one or several inspectors from the.

Members or a non-Member.

Qualifications, term and the termination of officeof the inspectors shall beas specified in the regulations of.

the Council of Engineers.

The inspectorsshall have powerand duty to examine the operation of the Board and shall submit a report to.

the general assembly of the Council of Engineers.

Section 21. The inspectors shall have the power to enter into any office of the Council of Engineers during.

working hours for inspection of the working of the Board. For this purpose, anybody involved shall reasonably.

render facilities, assistance or give explanation to the inspectors.

Section 22. The Board together with any sub-committee, official, employee and representative of the Council of.

Engineers shall have the duties to give any documents or evidence in their safekeeping or control or give any.

explanation concerning the operation within the scope of work of the Council of Engineers to the inspectors upon.

their requisition.

Section 23. In case where the Board fails to act in compliance with the annual year plan or operates in a manner.

likely to cause damage to or contrary to the objectives of the Council of Engineers, the inspectors shall, as they.

deem appropriate, report to the general assembly of the Council of the Engineers or to the general assembly of the.

ordinarymembers for further consideration.

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CHAPTER III

THE BOARD



Section 24. There shall betheBoard of the Council of Engineers consisting of.

(1) ten Council Board Members elected by ordinary members from ordinary members who do not.

hold the office of faculty in an educational institution at adegreelevel;

(2) five Council Board Members elected by ordinary membersfrom ordinarymembers who hold.

the office of faculty in an educational institution at a degree level;

(3) five Council Board Members appointed bythe Council of Ministers from ordinary members.

upon the proposal ofthe Minister.

The election and the appointment of the Council Board Members as stated in the first paragraph shall take.

into account the appropriate proportion of ordinary members in variousfields of controlled engineering.

Section 25. When the Council Board Members have been appointed and the result of the election of the Council.

Board Members under Section 24 has been known, the Special President of the Council of Engineers shall.

summon a meeting of the Board within thirty days. The date of such meeting shall be reckoned as the.

commencement of the terms of office of the Council Board Members.

Section 26. The Board shall elect from the Council Board Members the President, the First Vice President.

and the Second Vice President of the Council of Engineers.

The President of the Council of Engineers shall, by approval of the Board, elect fromthe Council Board.

Members the Secretary-General and the Treasurer, and may elect other Council Board Members to hold other.

positions as deemed necessary.

The President of the Council of Engineers shall, by approval of the Board, have the powerto remove the.

Secretary-General, the Treasurer, and other officials asstated in the second paragraph.

The President, the First Vice President and the Second Vice President shall remain in office as long as the.

elected Council Board Members retain their office.

When the President of the Council of Engineers retires from the office, the Secretary-General, the Treasurer.

and other Officers shall also be retired.

Section 27. The Council Board Members shall meet the qualifications and be free from the prohibited.

characteristics as follows:

(1) having been licensed as aprofessional engineer for at least ten yearsor as a seniorengineer;

(2) his license not having been suspended orrevoked;

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(3) not being a bankrupt.

Section 28. The Council Board Members shall hold office for a term ofthree years, and elected Council Board.

Members shall not hold office for more than two consecutive terms.

ACouncil Board Member who retires at the end of his termshall carry on his duties until a new Council.

Board Member is elected or appointed.



Section 29. Apart from vacating officeat theexpiration of the term, a Council Board Member vacates office.

upon;

(1) membership being terminated underSection 14;

(2) lacking of qualification under Section 27;

(3) resignation;

(4) being removed by the resolution, consisting ofnot less thantwo-third majority votes of.

attending Members of the Council of Engineers;

(5) vacancy under the first paragraph of more than half of all elected Council Board Members and.

the term of office of the Board shall expire in less than ninety days;

(6) being removed by the Minister with the approval ofthe Council ofMinisters under Section 69.

Section 30. The Board shall, in case of a vacancy of any elected Council Board Members other than by.

expiration of the term, elect qualified Members under Section 27 and Section 24 (1) or (2), as the case may be,.

tofill up the vacancy within thirty days from the date of the vacancy; the Board, however, may or may not elect a.

new Council Board Member to fill the vacancy if the term of the Board shall expire in less than ninety days, there.

may or may not be a replacement.

If the vacancy of the elected Council Board Member under the first paragraph occurs to more than half of all.

elected Council Board Members and the term of office remains for more than ninety days, a general assembly.

shall be summoned to elect Council Board Members to replace such vacancy.

The appointee or elected Council Board Member shall hold office for the remaining term of the person he.

replaces.

Section 31. When a Council Board Member appointed under Section 24 (3) vacates the office before the.

expiration of his term, another Council Board Member shall be appointed to replace him within thirty days from.

the date the vacancy occurred, if the remaining term of the Board is less than ninety days, however, the.

replacement is not obligatory.

The person appointed to replace any Council Board Member shall hold the office for the remaining term of.

the person he replaces.

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Section 32. The election of Council Board Members under Sections 24 (1) and (2) and the appointment of.

Council Board Members to hold office under Section 26 together with the appointment or election of Council.

Board Members under Section 30 shall be made in compliance with the regulations of the Council of Engineers.

Section 33. The Board shall have the power and duty.

(1) to manage and operate any business in accordance withthe objectives and regulationsof the.

Council of Engineers;

(2) to superviseand proceed legal action against any person who violates this Act;



(3) to issue regulations of the Council Board on any matter specified by thisAct or assigned by the.

General Assembly ofthe Council ofEngineers as the duties of the Board;

(4) to drawthe operation plan and draw the budget of the Council of Engineers;

(5) to make the final judgment on the appeal submitted by a licensee concerning the verdict of The.

Ethical Committee under Section 62.

Section 34. The President, the First Vice President, the Second Vice President, the Secretary-General and the.

Treasurer of the Council of Engineers shall have the power and duty as specified in this Section:.

(1) the President of the Council of Engineers shall have the power and duty.

(A) to represent the Council of Engineers in its business related to a non-Member;

(B) to preside over any meeting of the Board and any general assembly of the Council of.

Engineers;

(C) to conduct any business of the Council of Engineers in compliance with the resolution of.

the Board;

(2) the First Vice President shall assist thePresident, upon his assignment, in any affairs within the.

scope of the President,s power and duty and shall be acting on behalf of the President if the.

President is not present or unable to carry on his duty;

(3) the Second Vice President shall assist the President, upon his assignment, in any affairs within.

the scope of the President,s power and duty and shall be acting on behalf of the President if the.

President and the First Vice President are not present or unableto carry on their duty;

(4) the Secretary-General shall have the power and duty.

(A) to supervise the working of all of the officials of the Council ofEngineers;

(B) to act as the secretary at the meeting ofthe Board and at the general assembly ofthe.

Council of Engineers;

(C) to operate any affairs assigned by the President of the Council of Engineers;

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(5) the Treasurer shall have the power and duty to control, supervise and be in charge of keeping.

the accounts, the finance and budget ofthe of the Council of Engineers.

The President of the Council of Engineers may assign the Vice President, Council Board Members, the.

Secretary-General, the Treasurer and officials of the Council of Engineers to perform ony work for him as.

provided in theregulations ofthe Council of Engineers.



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CHAPTER IV

OPERATION OFTHEBOARD

Section 35. At the meeting of the Board, the presence of not less than one-half of the total number of Council.

Board Members is required to constitute a quorum.

The President of the Council of Engineers shall preside over the meeting; in case he does not attend the.

meeting or is incapable to carry on his duty, the Vice Presidents, or the Acting President under Section 34, shall.

preside over the meeting. If the President and Vice Presidents do not attend the meeting or are incapable to.

perform their functions, the Council Board Members present shall elect one among of them to preside over the.

meeting.

The resolution of the meeting shall be passed by majority of votes, each Council Board Member having one.



The resolution of the meeting shall be passed by majority of votes, each Council Board Member having one.

vote; in case of an equality of votes, the person presiding the meeting shall have an additional vote as the casting.

vote.

Removal of membership under Section 14 (3) requires the resolution of not less than two-third majority of.

votes of the Council Board Members present.

Section 36. The Special President of the Council of Engineers may attend any meeting of the Board and express.

his opinion in the meeting or send his comment in writing on any matter to the Council of Engineers.

Section 37. In the operation of the Board, annual operation plan and the budget shall be drawn up by the Board.

and submitted to the General Assembly of the Council of Engineers, and can be carried out only with the approval.

ofthe General Assembly.

The Board shall make an annual report of its works in the previous year, its explanation concerning any.

policy together with an annual balance sheet, a revenue account and an expense account certified by a legitimate.

auditor, to the General Assembly of the Council of Engineers within one hundred and twentydays after the end of.

the calender year.

Section 38. TheBoard may appoint a sub-committee to consider or carry out any matter assigned by the Board.

The meeting of the sub-committee shall be in accordance with the rules prescribed by the Board.

Section 39. There shall be an office of the Council of Engineers to perform the administrative works for the.

Board and the Council of Engineers.

Section 40. The President of the Council of Engineersshall, by the approval of the Board, appoint as the head of.

the office of the Council of Engineers a person with qualifications and without prohibited characteristicsas.

follows:

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(1) being of Thai nationality;

(2) not being under thirty years of age;

(3) not being a bankrupt, a person of unsound mind or an incompetent or quasi-incompetent.

person;

(4) not having been finally judged to a term of imprisonment, except for an offence committed.

through negligenceor a petty offence;

(5) having other qualifications prescribed by the Board.

Section 41. The term of office, the termination of office, rate of wages and other conditions in carrying out the.

duty of the head of the office of the Council of Engineers shall be in accordance with the contract contained in the.

form prescribed by the Council of Engineers.

Section 42. Thehead of the officeof the Council ofEngineersshall have the power and duty:.

(1) to control and be responsible for the generaladministrativework of the Council of Engineers;

(2) to keep and maintain the member registry, license registry, and other registries of the Council.



(2) to keep and maintain the member registry, license registry, and other registries of the Council.

of Engineers;

(3) to take care of any propertyof the Council of Engineers;

(4) to carry out any work assigned bythe Board or the Secretary-General.

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CHAPTER V

REGULATIONS OF THE COUNCIL OF ENGINEERS

Section 43. The draft of regulations of the Council of Engineers may be submitted only by the Board or by an.

ordinarymember.

The draft of regulations of the Council of Engineers may be submitted by an ordinary member only when.

endorsed by not less than one hundred ordinary members.

The Board shall hold the General Assembly for considering the submitted draft of regulations of the Council.

of Engineers when it is deemed suitable. That the draft is not a contingent item, but the major item in the agenda,.

must be clearly stated in the notice to summon the meeting, and a copy of the draft of the regulations of the.

Council of Engineers must be attached.

Section 44. After the General Assembly of the Council of Engineers has passed the draft of theregulations of the.

Council of Engineers by not less than one-half majority of votes of attending Ordinary Members, the President of.



the Council of Engineers shall forward the draft to the Special President without delay. TheSpecialPresident may,

with clear reasoning stipulated, veto the draft. In case the veto is not made within thirty days after the receipt of.

the draft, it shall be assumed that the Special President has given hisapproval.

If the Special President vetoes the draft of the regulations of the Council of Engineers, the Board shall hold.

another meeting within thirty days after the receipt of the veto. If the resolution is confirmed by not less than two-.

third majority ofthe Council Board Members, the draft of the Regulations shall be assumed to have been approved.

by the Special President.

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CHAPTER VI

CONTROLOFPRACTICINGTHE ENGINEERING PROFESSION

Section 45. Noone shall practice the Controlled Engineering Profession or act byany means in order to cause any.

other person to believe that he is ready to practice in any field of the Controlled Engineering Profession, unless he.

has received the license in such a field of the Controlled Engineering Profession from the Council of Engineers.

Section 46. Persons practicing the Controlled Engineering Profession in any field may be classified into four.

levels as follows:

(1) seniorprofessional engineer;

(2) professionalengineer;

(3) associate engineer;

(4) adjunct engineer.

The criterion and qualifications of a person practicing the Controlled Engineering Profession shall be in.

accordance with the terms prescribed in the regulations ofthe Council of Engineers.

Section 47. No one is permitted to cause, by words or in writing, others to believe that he has an academic.



knowledge and expertise in the practice the Controlled Engineering Profession, or to employ, or hire, or allow.

others to do the same for him, unless he has received a certificate or a written permit certifying his academic.

knowledge and expertise in the practice of the Controlled Engineering Profession in such and such field from the.

Council of Engineers or fromotherinstitution certified by the Council of Engineers or a licensewith qualifications.

stipulated in the regulations of the Council of Engineers.

Section 48. The issuance of a license, itstermof validity, the suspension and the revocation of the license, and the.

certification of the academic knowledge and experience in the practice of the Controlled Engineering, shall be in.

accordance with the regulations of the Council of Engineers.

Section 49. A person applying for the license shall meet the qualifications and be free from the prohibited.

characteristics as described in the regulations of the Council of Engineers.

A natural person applying for the license must be an ordinary member or an extraordinary member of the.

Council of Engineers, and his license shall expire upon termination of his membership.

A juristicpersonapplyingfor the license, regardless ofthe number of foreigner-owned shares of the capital,.

shall have minimum qualifications as follows:.

(1) its principal business office be located in the Kingdom ofThailand;

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(2) either not less than one-half of the total number of partners in thepartnership, or of directors in.

the company, or of members of the administrative board of such juristic person, or the sole.

executive with exclusive administrative power of the same, must have been licensed under this.

Act.

Section 50. A licensee shall conduct himself in accord with the Code of Ethics of the engineering profession as.

described in the regulations ofthe Council of Engineers.

Section 51. A person who suffers damage from any act of a licensee or finds any violation of the Code of Ethics.

committed by him, is entitled to file an allegation against him to the Council of Engineers.

A Council Board Member or any other person is entitled to accuse a Controlled Engineering Professions.

Practitioner of violation of the Code of Ethics of the engineering profession by filing an accusation with the.

Council of Engineers.

The right of allegation under the first paragraph or of accusation under the second paragraph shall come to.

an end after one year from the date the violation of the code ofethics and the person who committed the violation.

became known.

The withdrawal of the allegation or accusation which has already been filed shall not be the cause of ending.

the operation under this Act.

Section 52. When the Council of Engineers receives the allegation or accusation under Section 51, the Secretary-.

General shall submit such allegation or accusation to The Ethical Committee without delay.



Section 53. There shall be Ethical Committee consisting of a Chairman and members, the number of which is to.

be determined by the Board.

The Board shall appoint ethical committee members upon the resolution of the general assembly of the.

Council of Engineers from members who have the following qualifications:.

(1) having been practitioners of the Controlled Engineering Profession for not less than ten years;

(2) never having been punished on the ground of ethical misconduct.

Section 54. The Ethical Committee member shall hold office for a term of three years and may, except for having.

held office for two consecutiveterms, be re-appointed.

The Ethical Committee member who vacates office at the expiration of his term shall continue to perform.

his duties until a newethical committee member has been appointed.

Section 55. Apart from vacating office at the expiration of the term, an ethical committee member vacates office.

upon

(1) resignation;

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(2) termination of membership underSection 14;

(3) lacking any qualifications under the second paragraph of Section 53;

(4) being removed from office by resolution of not less than two-third majority votes ofattending.

members of the Council of Engineers.

Section 56. When a vacancy of an Ethical Committee member occurs before the end of his term, the Board shall.

appoint a replacement to fill such vacancy. In case the remaining term of such member is less than ninety days,.

however, the Board may or may not appoint such replacement.

The replacing member of The Ethical Committee shall hold office for the remaining term of the member.

whom he replaces.

Section 57. The Ethical Committee shall have the power and duties to take into consideration the allegation.

against a licensee on the ground of ethical misconduct of the engineering profession.

The procedure and the judgment of The Ethical Committee shall be in accordance with the rules prescribed.

by the Board.

Section 58. The Ethical Committee may appoint a sub-committee, or more, to perform any work on its behalf.

The performance ofthe workof the sub-committee under the first paragraph shall be in accordance with the

rules of the Board.

Section 59. The Ethical Committee or its appointed sub-committee shall, in the performance of their work, have

the power to issue a written order to a person concerned to give testimony, or to submit any document or any

object for the purpose of consideration; in case the order be to a non-licenseee, the approval of the Special

President or a person authorized by him shall berequired.



A member of The Ethical Committee or the Ethical Sub-Committee shall, in the performance of duties

underthisAct, be an official under the Penal Code.

Section 60. The chairman of The Ethical Committee shall notify the alleged or accused licensee in writing of the

allegation or accusation not less than fifteen days before the commencement of the hearing; a copy of the

allegation or accusation shall be attached to the notification.

The alleged or accused person has the right to submit a statement or any evidence to The Ethical Committee

or to theappointed Ethical Sub-Committee within fifteen days from the date of receipt of the notification from the

chairman of The Ethical Committee or within the time requiredby The Ethical Committee.

Section 61. The Ethical Committee is empowered topass any of thefollowing judgments:

(1) dismissing theallegation;

(2) admonition;

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(3) probation;

(4) suspending the license for a period of time as it deemsappropriate but not exceeding five years;

(5) revocation of the license.

Section 62. The licensee who is judged by The Ethical Committee under Section 61 (2) (3) (4) or (5) may appeal

the judgment to the Board within thirty daysfrom the date of receipt of the judgment.

The appeal shall be made in compliance with the criteria and procedure specified in theregulations of the

Council of Engineers.

The judgment of the Board shall be given as an order of the Council of Engineers, stating the reasons for the

judgment, and shall be final.

Section 63. Any licensee, from the date of his knowledge of the suspension of his license by the Council of

Engineers Order, shall be prohibited from practicing the Controlled Engineering Profession and from acting by

any means to cause any other person to believe that he has the right or is ready to practice the Controlled

Engineering Profession.

Section 64. If any licensee whose license has been suspended violates the provisions of Section 63, the Council of

Engineers shall pass the resolution revoking his license from the date of thefinal judgment of theCourt.

Section 65. Any licensee whose license has been revoked cannot apply for a new license until a period of five

yearsfrom the date of the revocation of his license has passed.

The revocation of the license given to a juristic person is effective on the license of any partner in

partnerships, any director of a company, any executive of a juristic person and any staff or employee of the said

organisation who take part in the acts leading to the revocation of the license; and besides, the aforesaid persons

are prohibited to become a partner in partnerships, a director of a company, an executive of a juristic person which

receives license under this Act untila period of five years from the date of the revocation has passed.



receives license under this Act untila period of five years from the date of the revocation has passed.

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CHAPTER VII

DIRECTINGAND SUPERVISING

Section 66. The Ministershallhave the power and duty

(1) to direct and supervise the operation of the Council of Engineers and the practice of the

Controlled Engineering Profession;

(2) to make an order to any competent official for inquiry of any fact relating to the operation

undertaken by the Council of Engineers and the practice of the Controlled Engineering

Profession;

(3) to make a written order to any Council Board Member to give an explanation of any fact

related to the work undertaken by the Council of Engineers; he may also order the Council

Board Member to submit to him any documents concerning the performance of work of the

Board or theminutes of the meetings of theBoard;

(4) to make a written order to the Council of Engineers to freeze or correct any action which

appears to conflict with the objectives or the regulations of the Council of Engineers, laws, or

the regulations of the Council of Engineers.

Section 67. The competent official, in the due performance of the Minister's order under Section 66, shall have

the power to issue a written order requiring a person concerned to give a statement or to submit any document or

object for consideration; he is also empowered to enter the office of the Council of Engineers or a place of

practice of the Controlled Engineering Profession during working hours to examine any document of other

evidences. In this capacity, the competent official shall be the official under the Penal Code.

Any person concerned shall provide reasonable facilities to the Official in the due performance of duty

under the first paragraph.



under the first paragraph.

Section 68. The competent official shall, in the due performance of duty, show his identification card to any

person concerned.

The identification card of the competent official shall be made in accordance with the form prescribed by

the Minister as publicised in the Government Gazette.

Section 69. When it appears that the Council of Engineers does not act in compliance with the Minister's order

under Section 66, or when any instance arises indicating that the Board, the President of the Council of Engineers

or any Council Board Member has acted against the objectives of the Council of Engineers or has acted in a

Page 20

20

manner which may causeserious disgrace to the Council of Engineers,the Minister shall, with the approval of the

Council of Ministers, have the power to dismiss such Board, the President of the Council of Engineers or Council

Board Member to be vacated from office.

Before the Minister issues an order under the first paragraph, he shall appoint an inquiry commission

consisting of five ordinary members to examine the case promptly and submit its inquiry file and opinions to the

Minister for consideration and taking proper action.

The Minister's order shall befinal.

Section 70. In case where the Minister issues an order under Section 69, all Council Board Members shall

terminate their office, and the Minister shall in the same day appoint an equal number of ordinary members of the

Council of Engineers to temporarily fill the vacancy under Section 24.

The temporary Council Board Members under the first paragraph shall have the power and duty to perform

only necessary functions and within thirty days from the date of the Minister's appointment order shall arrange for

an election and appointment of newCouncil Board Members under Section 24.

When the new Council Board Members have taken the office, the temporary Council Board Members

appointed by the Ministershall vacate the office.



21

CHAPTERVIII

PENALTY

Section 71. Whoever violates Section 45 or Section 63 shall be punished with imprisonment not exceeding three

yearsor a fine not exceeding sixty thousand baht, or both.

Section 72. Whoever violates Section 47 shall be punished with the imprisonment not exceeding one year or a

fine not exceeding twenty thousand baht, or both.

Section 73. Whoever does not act in compliance with the order of The Ethical Committee or its sub-committee

under Section 59 or the order of the competent official under Section 67 shall be punished with imprisonment not

exceeding one month or a fine not exceeding one thousand baht, or both.

Section 74. In case where the offender under this Act is a juristic person, the partners of the partnership, the

director of the company, the representative of the juristic person or whoever involved in the said offence is said to

commit such offence as a principal, theperson who employs another to commit an offence, or an accessory, as the

casemay be, shall be liable to the punishment for such offence; the juristic person involvedshall be punished with

a fine not exceeding tenfold of the fine rate for such offence.



22

TRANSITORY PROVISIONS

Section 75. The Engineering Control Commission (ECC) under the Act on the Engineering Profession BE 2505

shall continue to perform the duties of the Board under this Act until the Board under Section 24 be properly

functioning, and shall have the power to issue, for temporary use as necessary, the regulations of the Council of

Engineers under Section 8 (6); the said regulations shall remain in force until they are altered, and in this respect,

Section 43 and Section 44 shall not be applied.

The ECC Office under the Act on the Engineering Profession BE 2505 shall continue to perform the duty

of the Council of Engineers under Section 39 and the ECC Registrar under the Act on the Engineering Profession

BE 2505 shall temporarily, but not exceeding one hundred and eighty days following of the commencement of

office of the Board under Section 25, function as the Headof the Office of the Council of Engineers under Section

42 until such office shall be functioning.

The election and appointment of the Council Board Members under Section 24 shall be done within one

hundred and eighty days as of the dateof the enforcement of this Act.

Section 76. Controlled engineering profession licensees in the categories of associate engineer, professional

engineer and senior engineer under the Act on the Engineering Profession BE 2505 on the date of the publication

of the present Act in the Government Gazette shall become ordinary members of the Council of Engineers under

this Act.

Controlled engineering profession licensees in the category of special license under the Act on the

Engineering Profession BE 2505 on the date of the publication of the present Act in the Government Gazette

shall become extraordinary members of the Council of Engineers under this Act.

At the expiration of the license or over two years after the present Act has come into force, whichever date

comes later, the membership of the member under the first and second paragraphs shall expire, unless such a

member has applied for and has been accepted as a member of the Council of Engineers under this Act.

The diplomas or certificates according to the curricula and institutions certified by the Engineering Control

Commission under the Act on the Engineer Profession BE 2505 shall be deemed the diplomas or certificates

certified by theCouncil of Engineers under Section 8 (3).

Section 77. Controlled engineering profession licensees in the categories of senior engineer, professional

engineer, associate engineer or special license holder under the Act on the Engineering Profession BE 2505



provided that the license is still valid on the date of the publication of the present Act in the Government Gazette,

Page 23

23

shall become the Controlled Engineering Profession licensees on the levels of senior engineer, professional

engineer, associate engineer or adjunct associate engineer, asthecase may be, under this Act.

For the application of Section 27 (1), the period of time for having a license for practicing the Controlled

Engineering Profession in the category ofprofessional engineer underthe Act on the Engineering Profession BE

2505 shall be deemed as the period of time for having the license on the level of professional engineer under this

Act.

Section 78. The application for license which has been filed before the date of the enforcement of this Act shall

be proceeded until it is completed and deemed as the proceeding under this Act, provided that the proceeding is

completed within two hundred and forty days following the date of the enforcement of this Act; and if the said

period of time has elapsed, the provisions of this Act shall apply.

The licensee under the first paragraph shall be deemed an ordinary member or an extraordinary member of

the Council of Engineers under the provisions of Section 76 mutantis mutandis .

Section 79. Prior to the issuance of the ministerial regulation, the rule, the regulation, or the announcement for the

application of this Act, the ministerial regulation, the rule, the regulation, or the announcement issued under the

Act on the Engineering Profession BE 2505 shall apply mutantis mutandis.

Section 80. The misconduct against the etiquette or the requirement and condition for practicing the Controlled

Engineering Profession under the Act on the Engineering Profession BE 2505, committed before the date of the

enforcement of this Act and has not been proceeded under the Act on the Engineering Profession BE 2505, shall

be deemed the violation of ethics of the engineering profession under this Act, the proceeding of which shall be

conducted in accordance with this Act.

In case any action has been taken on the person who commits the misconduct against the etiquette or the

requirement and the condition for practicing the Controlled Engineering Profession before the date of the

enforcement of this Act, such action shall be deemed as taken under this Act, and any further action shall be

conducted under this Act.

Countersigned by :

Chuan Leekpai

Prime Minister



24

Schedule of Fees

( 1 ) The practicing controlled engineering profession license fees are as follows :

for a natural person;

( a ) senior professional engineer level 10,000 baht

( b ) professional engineer level 7,500 baht

( c ) associate engineer level 5,000 baht

( d) specialassociate engineerlevel 5,000 baht ;

for a juristic person;

juristic personlicense fee 100,000 baht

( 2 ) The extension fees for a practicing controlled engineering profession license prior to its expirationare

as follows :

for a natural person;

( a ) senior professional engineer level 3,000 baht

( b ) professional engineer level 2,000 baht

( c ) associate engineer level 1,000 baht

( d) specialassociate engineerlevel 1,000 baht

extra fee for late extension after the expiration of license 2,000 baht

for a juristic person;

( a ) fee for the extension of licenseprior to its expiration 30,000 baht

( b ) fee for the extension of license after its expiration 50,000 baht

( 3 ) certificate for knowledge and experience in practicing controlled

engineer profession 10,000 baht

( 4 ) replacement certificate of license or evidence certifying for the receiving of license :

natural person 500 baht

juristic person 5,000 baht

( 5 ) fee for examination testof knowledge in practicing controlled engineer profession per one test

2,000 baht



25

MINISTERIAL REGULATION

DETERMINATION ONRATEOF FEEFOR A PERSON PRACTICING IN CONTROLLED

ENGINEERING PROFESSION

BE 2544

By virtue of the power prescribed in section 5 of the Engineer Act BE 2542 which is the Act that has

contained the limitation on right and liberty provisions of persons which section 29 appurtenant with section 39

and section 50 of the Constitution of the Kingdom of Thailand provided to be empowered to do by the provisions

of the laws, the Minister of the Ministry ofInterior issuestheMinisterial Regulation as follows :

There shall be the following fees;

(1 ) fee for being a person practicing controlled engineering profession;

natural person;

( a ) senior professional engineer level per onecopy 5,000 baht

( b ) professional engineer level per one copy 3,500 baht

( c ) associate engineer level per one copy 1,000 baht

( d ) special associate engineer level per one copy 500 baht

juristic person;

juristic personlicense fee per one copy 10,000 baht

(2 ) fee for the extension of license for being a person practicing controlled engineering profession prior

to its expiration;

natural person;

( a ) senior professional engineerlevel per one copy 1,500 baht

( b ) professional engineer level per one copy 1,000 baht

( c ) associate engineer level per one copy 500 baht

( d ) special associate engineer level per one copy 500 baht

extra fee for late extension after the

expiration of license per one copy 2,000 baht

juristic person;

( a ) fee for the extension of license

prior to its expiration per one copy 3,000 baht

( b ) fee for the extension of license

after its expiration per one copy 5,000 baht

( 3 ) certificate for knowledge and experience in



26

practicing controlled engineer profession per one copy 5,000 baht

( 4 ) replacement certificate of license or evidence certifying for the receiving of license :

natural person per one copy 500 baht

juristic person per one copy 5,000 baht

( 5 ) fee for examination testof knowledge in

practicing controlled engineer profession per one test 1,500 baht

Issue on the 29thday of October BE 2544

Police Captain Purachai Piemsomboon

Minister of the Ministry ofInterior

Note : The reason in publication of this Ministerial Regulation is that the former rate of fee prescribed by the

ministerial regulation issuedby virtue of thepower prescribed in the Act on the Engineering Profession BE 2505

which has been repealed butis still become enforced by the transitory provisions of theEngineer Act BE 2542, is

not appropriate for present situation, and according to Section 5 of the Engineer Act BE 2542 theMinister of the

Ministryof Interior shall issue the ministerial regulationfor determination of therate of fee not exceeding the rate

attached to the said Act, thus it is necessaryto issue thisMinisterial Regulation.



thai engineering act_be2540

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